TORONTO -- A spokesman for Apotex Inc., the Canadian generic drug
maker that’s working on a version of AstraZeneca’s
Nexium ulcer drug, says the company is still studying a recent
court decision that clears the way for the company to begin selling
the medication in Canada in about three years.

The British-Swiss pharmaceutical company, which is among the
world’s biggest drug makers, had asked the Federal Court of
Canada for an order that would have restricted the Canadian
government’s options for granting Apotex approval.

The ruling means that the federal health department is now free
to issue approval to Apotex before Nexium’s Canadian patents
expire between 2013 and 2019. That could open up the Canadian
market for generic copies of the popular heartburn and stomach
ulcer drug after 2013.

AstraZeneca said Thursday it was considering its options,
including legal actions.

Apotex spokesman Elie Betito said Friday that the Canadian drug
maker was still studying the court’s decision and
wouldn’t hazard a comment on such a complex matter at this
time.

He said there needs to be a different strategy for every drug,
because different parts of Canada’s patent law come into play
depending on the situation and there is a potential under Canadian
law for the brand company to win compensation from the generic
manufacturer even if its product has government approval.

``That’s why, on Nexium right now, we have absolutely no
comment -- because we don’t know what the next steps
are,’’ Betito said.

Apotex is a private company that doesn’t list its shares
on a stock market.

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